Mechanical Engineering Act of 1998

7/25/2019 Mechanical Engineering Act of 1998

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8495 February 12, 1998

AN ACT REGULATING THE PRACTICE OF MECHANICAL ENGINEERING IN THEPHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled::

ARTICLE ITITLE, STATEMENT OF POLICY AND DEFINITION OF TERMS

Section 1. Tit le.This Act stall be known as the "Phi l ippine Mechanical Engineer ingAct o f 1998."

Section 2. Statement o f Pol icy.The State recognizes the importance of mechanicalengineers in nation building and development. Their talents through sustainable humandevelopment shall be promoted. Thus, the State shall develop and nurture competent,virtuous, productive and well-rounded mechanical engineers whose standard of

professional practice and service shall be excellent, qualitative, world-class and globallycompetitive through regulatory measures, programs and activities.

Section 3. Defini t ion of Terms.As used in this Act, the following terms shall meanas follows:

(a) Practice of Mechanical EngineeringA person shall be deemed to bepracticing mechanical engineering or rendering mechanical engineering servicewithin the meaning and intent of this Act when he performs the following:

(1) Consultation, valuation, investigation and management services

requiring mechanical engineering knowledge;

(2) Engineering design, preparation of plans, specifications and projectsstudies or estimates for mechanical equipment, machinery, or processesof any mechanical works, projects or plants;


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(3) Management or supervision of the erection installation, alteration,testing and commissioning of mechanical equipment, machinery, orprocesses in mechanical works, projects or plants;

(4) Management, supervision, operation, tending or maintenance of any

mechanical equipment, machinery or processes in mechanical work,projects or plants;

(5) Management or supervision of the manufacture, sale, supply ordistribution of mechanical equipment, parts or components;

(6) Teaching of mechanical engineering professional subjects ingovernment recognized and accredited engineering schools; and

(7) Employment in government as a professional mechanical engineer,registered mechanical engineer, or certified plant mechanic if the nature

and character of his work is in line with his profession, requiringprofessional knowledge of the science of mechanical engineering.

(b) Mechanical equipment or machinery. includes all prime movers such assteam engines and turbines, internal combustion engines and gas engines andturbines; steam generators such as boiler; furnaces; heat exchanger such ascooling towers, kilns and dryers, coolers and heaters; materials handlingequipment, such as pumps, cranes, conveyors, hoists, elevators, escalators,mechanized dumb-waters, moving ramps and walkways; heating, air-conditioning, ventilating, and refrigeration equipment and machinery, includingcompressors and centrifugal fans, mechanical pollution abatement and

environmental control system; piping system with a working pressure of not lessthan 70 kpa., fired and unfired pressure vessels, printing machine; mechanicalworking machines for metallic and non-metallic materials and other mechanicalequipment and machinery whether installed on land, underground, or on boardwatercraft.

(c) Mechanical processes, works, projects or plants shall include stem plants,geothermal plants, dendro-thermal plants, nuclear plants, ocean thermal energyconservation (OTEC) plants, internal combustion plants hydraulic plants,pumping plants, compressed gas plants, all kinds of mills, shops, factories,shipyards drydocks, heating, air-conditioning, ventilating and refrigeration plants

containing any mechanical equipment machinery or process deriving power fromsteam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy, ocean wavesand tides, or other energy sources.

(d) Capacity of process works, project or plant-rated capacity in kilowatt ofmechanical works, projects or plants for the purpose of this Act shall be the totalkilowatt rating of all engines, motors, boilers, turbines, or other primemoversinstalled for use in such works, projects or plants, whether in operation or not,


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and without regard to the number of capacities of the mechanical equipment,machinery or processes receiving power from or intended to be driven by suchprimemovers.

ARTICLE II

BOARD OF MECHANICAL ENGINEERING

Sec. 4. Creat ion and Composi t ion o f the Board of Mechanical Engineer ing. There is hereby created a Board of Mechanical Engineering, hereinafter called theBoard, to be composed of a Chairman and two (2) members to be appointed by thePresident of the Philippines from a list of three (3) recommendees for each position,chosen, ranked in the order of preference and submitted by the Professional RegulationCommission, hereinafter referred to as the Commission, from a list of five nomineessubmitted by the duly accredited association of mechanical engineers in the Philippines.The Board shall be organized not later than six (6) months from the effectivity of this

Act.

Section 5. Qual i f icat ion of Members of the Bo ard.A member of the Board shall, atthe time of his appointment, possess the following qualifications:

(a) Natural born citizen and resident of the Philippines;

(b) Must be at least thirty-five (35) years of age;

(c) Holder of the degree of Bachelor of Science in Mechanical Engineering or itsequivalent, conferred by a school, academy, college or university in thePhilippines or abroad that is accredited by the Commission on Higher Education

(CHED);

(d) A Professional Mechanical Engineer with a valid professional license and anactive practitioner as such, for not less than ten (10) years prior to hisappointment;

(e) Must not, for a period of three (3) consecutive years prior to appointment, bea member of the faculty of any, school, academy, institute, college or universitywhere a regular course in mechanical engineering is being taught, nor havepecuniary interest in or administrative supervision over any such institutions oflearning;

(f) Must not, for a period of three (3) consecutive years prior to appointment, beconnected with a review center or with any group or association where reviewclasses or lectures in preparation for the licensure examination are offered orconducted at the time of appointment; and

(g) Has never been convicted of any offense involving moral turpitude.


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Section 6. Term of Off ice.A member of the Board shall hold office for a term of three(3) years from the date of his appointment or until his successor shall have beenqualified and duly appointed, unless, however, that such incumbent member has beenreappointed for another three (3) year term. No member of the Board shall serve formore than two (2) regular terms. Any vacancy occurring within the term of a member

due to resignation, conviction of any kind, disability or death, shall be filled byappointment by the President of the Philippines; and such member appointed shallserve for the unexpired portion of the term vacated without prejudice to serve for amaximum of two (2) full terms. If the appointee comes from the incumbent Board, heshall serve the remaining vacated term in addition to the previous years he had alreadyserved and shall be qualified for reappointment in his new position: Provided, hisnumber of years of service shall not exceed two (2) regular full terms.

Each member of the Board shall take his oath of office prior to the official performanceof his duties.

Section 7. Compensat ion and A l lowances of the Board Members.

The Chairmanand members of the Board shall receive compensation and allowances comparable tothe compensation and allowances being received by the Chairmen and members ofexisting regulatory boards with the Commission and as may be provided for in theGeneral Appropriations Act.

Section 8. Supervis ion o f the Board, Custodian of i t Records, Secretar iat andSuppo rt Services.The Board shall be under the general supervision of theCommission. All records of the Board, including application for examination,examination papers and results, minutes of deliberation, administrative cases, and otherinvestigative cases involving the profession shall be kept by the Commission. The

Commission shall designate the secretary of the Board and shall provide the Secretariatand other support services to implement the provisions of this Act.

Section 9. Power and Duties of the Board.The Board shall exercise the followingspecific powers, functions, duties and responsibilities:

(a) To promulgate and adopt the rules and regulations necessary for carrying outthe provisions of this Act;

(b) To supervise the registration, licensure and practice of mechanical engineersin the Philippines;

(c) To administer oaths in connection with the successful examinees entering thepractice of Mechanical Engineering;

(d) To issue the certificate of registration to successful examinees;


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(e) To issue, suspend and/or revoke, after due process certificates of registrationand issue, cancel and suspend professional license or cancel special permits forthe practice of mechanical engineering, for causes provided by law;

(f) To adopt an official seal of the Board;

(g) To look into the conditions affecting the practice of the mechanicalengineering profession and whenever necessary, adopt such measures as maybe deemed proper for the enhancement and maintenance of high professionaland ethical standards of the profession;

(h) To prescribe and/or adopt a Code of Ethical and Professional Standards forthe practice of the mechanical engineering profession.

(i) To hear and try administrative cases involving violations of this Act, itsImplementing Rules and Regulations, the Code of Ethics for Mechanical

Engineers, and for this purpose, to issue subpoenaandsubpoena duces tecum tosecure the appearance of witnesses and the production of documents inconnection therewith;

(j) Prescribe guidelines in the Continuing Professional Education (CPE) programin coordination with accredited association of mechanical engineers;

(k) Prepare, adopt, issue or amend the syllabi of the subjects for examinations;

(l) Approve, issue, limit or revoke temporary license to practice mechanicalengineering; and

(m) Discharge such other duties and functions as may be deemed necessary forthe enhancement of the mechanical engineering profession and the upgrading,development and growth of mechanical engineering education in the Philippines.

Section 10. Annual Report.The Board shall, at the close of each calendar year,submit an annual report to the President of the Philippines through the ProfessionalRegulation Commission, giving a detailed account of its proceedings andaccomplishments during the year and making recommendations for the adoption ofmeasures that will upgrade and improve the conditions affecting the practice ofmechanical engineering in the Philippines.

Section 11. Removal of Board Member.The President upon recommendation of theCommission may remove any member of the Board on the following grounds; neglect ofduty or incompetence, violation or tolerance of the violation of this Act or the Code ofEthics for Mechanical Engineering, final judgment of crimes involving moral turpitude,after having given the member an opportunity to be heard and/or defend himself in aproper administrative investigation.


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ARTICLE IIIEXAMINATION, REGISTRATION AND LICENSE

Sec. 12. Examinat ion Required.All applicants for registration for the practice ofmechanical engineering shall be required to undergo and pass a written technical

examination as provided for in this Act.

Section 13. Categories.Certificates of registration for the practice of mechanicalengineering shall be of three (3) categories and in order of rank as follows:

(a) Professional Mechanical Engineer;

(b) Mechanical Engineer; and

(c) Certified Plant Mechanic.

Section 14. Qual i ficat ion of A ppl icants fo r Professional Mechanical Engineer.

Any applicant to the Professional mechanical engineering examination must, at the timeof filing of his application, establish to the satisfaction of the Board that:

(a) He is a citizen of the Philippines;

(b) He must not have been convicted by a court of law of a crime involving moralturpitude;

(c) He has a valid certificate of registration and he is a registered mechanicalengineer and a holder of a valid professional license;

(d) He has graduated from an engineering school or college of recognizedstanding, after completing an approved course in mechanical engineering;

(e) He has specific record of a total of four (4) years or more of active mechanicalengineering practice, reckoned from time he is registered a mechanicalengineering practice; and

(f) He is competent to practice, as attested to by at least two (2) professionalmechanical engineers.

Section 15. Qual i ficat ions of App l icants for Mechanical Engineer.

Any personapplying for examination and for a Certificate of Registration as Mechanical Engineershall, prior to admission to the examinations, establish to the satisfaction of the Boardthat:

(a) He is a citizen of the Philippines;


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(b) He must not have been convicted by a court of law of a crime involving moralturpitude;

(c) He holds the degree of Bachelor of Science in Mechanical Engineering from auniversity, school, college, academy, or institute duly constituted and recognized

as such by the government.

Section 16. Qual i ficat ions o f Ap pl icants fo r Cert i f ied Plant Mechanic.Any personapplying for examination for certificate of registration as Certified Plant Mechanic shallestablish to the satisfaction of the Board that:

(a) He must not have been convicted by a court of law of a crime involving moralturpitude;

(b) He has graduated from a vocational or trade school duly recognized by thegovernment after completing an approved course of not less than two (2) years in

stationary or power plant engineering or any mechanical plant operation; and

(c) He has specific record of an additional one (1) year or more of active practicein mechanical plant operation of such character as indicated in an affidavit of aregistered professional mechanical engineer and, likewise establish to thesatisfaction of the Board, that the applicant is competent to undertake theoperation, tending and maintenance of mechanical works, projects or plant of notless than one hundred (100) kilowatts.

Section 17. Scope of Examinat ion.The scope of examination and the methods ofprocedure shall be prescribed by the Board with special reference to the applicant's

ability to perform the type of engineering work pertaining to the particular category he isto be registered in.

(a) Professional Mechanical EngineerThe granting of professional mechanicalengineer Certificate of Registration shall be testimonial in nature which shallinclude the submission of an enumeration of the applicant's experience includingthe presentation of an engineering report/technical paper pertinent to his line ofexperience attested to by two (2) or more professional mechanical engineers inan affidavit for this purpose;

(b) Mechanical EngineerThe applicant shall pass a written examination on

different subjects or group of subjects prescribed by the Board, and within thesyllabi prepared by the Board with emphasis on power plant and industrial plantengineering, mathematics, engineering economics, economic analysis, laws andethics and machine design.

The subjects in which the applicant for Mechanical Engineers shall be examinedare:


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1. Machine Design, Materials & Shop Practice

2. Industrial & Power Plant Engineering

3. Mathematics Engineering Economics and basic engineering sciences

(c) Certified Plant MechanicThe examination for Certified Plant Mechanic maybe written or oral on subject matters based on the following submitted statementof experience:

1. Elements of Power Plant Machinery

2. Elements of Industrial Plant Machinery; and

Subject to the approval of the Commission, the Board may amend or revise thesubjects, their syllabi, passing average, and the system and procedure in the licensure

examinations for the practice of mechanical engineering and the corresponding weightpursuant to implementing rules and regulations issued for this purpose.

The said subjects and their syllabi may be amended by the Board so as to conform totechnological changes brought about by continuing trends in the profession.

Section 18. Ratings.To pass the examination, a candidate for a professionalmechanical engineer, a mechanical engineer, and certified plant mechanical mustobtain an average of seventy percent (70%) on all subjects, with no rating below fiftypercent (50%) in any of the subjects.

Section 19. Report of Rat ings.

The Board should submit to the Commission, theratings obtained by each candidate within fifteen (15) days after the examinations,unless extended for just cause.

Section 20. Re-examination.An applicant who fails to pass the examination for thethird time shall be allowed to take another examination only after the lapse of one year.

Section 21. Oath.All successful candidates in the examination shall be required totake an oath of profession before the Board or any government official authorized toadminister oaths, prior to entering upon the practice of the mechanical engineering.

Section 22. Issuance o f Cert i f icates of Registrat ion and Professional L icense.

Upon payment of the registration fee as established by the Commission, the Board shallissue a certificate of registration to any applicant who has met all the requirementsspecified in this Act for the particular category he is registering in.

All certificates of registration shall indicate the full name of the registrants, signed by allthe members of the Board and the Commission and affixed with the official seal of theCommission. The issuance of a certificate of registration by the Board to a registrant is


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evidence that the person named therein is entitled to all the privileges of a registeredand licensed professional mechanical engineer, mechanical engineer or certified plantmechanic, as the case may be, for as long as said certificate remains valid.

A professional license bearing the registration number, date of issuance, expiry date

and duly signed by the chairman of the Board, shall likewise be issued to everyregistrant, provided that professional fees have been paid. No person shall practicemechanical engineering in this country unless such person shall have secured a licenseto practice Mechanical Engineering in the manner herein provided. A licensee is entitledto practice the profession with all the privileges appurtenant thereto until the expirationof the validity of his license.

Subject to the approval of the Commission, certificates of specialty shall be issued bythe Board, subject to the approval of the Commission to Professional MechanicalEngineers who have been screened and recommended by accredited mechanicalengineers association. These are for specific fields in which the applicants have

specialized knowledge, training and experience and have documented theircompetence and expertise. The Board, shall subject to the approval of the Commission,and after consultation with said association concerned, prescribe and issue thenecessary guidelines for the issuance of these certificates.

Section 23. Integrat ion and Acc redi tat ion of Mechanical Engineers.An integratedorganization of mechanical engineers shall be created and accredited by the Board ofMechanical Engineering and the Professional Regulation Commission. All personswhose names now appear in the roll of professional mechanical engineers, mechanicalengineers, and certified plant mechanics under the custody of the Board and theCommission, or those who may hereafter be included therein upon registration and

payment of the required fees shall automatically become members of the integrated andaccredited organization of mechanical engineers. The integration of the mechanicalengineering profession shall not be a bar to the formation of voluntary organization ofmechanical engineers which may coexist with the integrated and accreditedorganization of mechanical engineers. The Board, subject to the approval by theCommission and after consultation with the existing accredited organization ofmechanical and other affiliated organization of mechanical engineers and, if possiblewith the substantial number of the mechanical engineers who are non-organizationmembers, shall provide the guidelines and mechanisms for the establishment andcreation continued supervision of the integrated and accredited organization ofmechanical engineers. The registered and licensed engineers and certified plantmechanics shall receive the benefits and privileges appurtenant to their membership induly integrated and accredited mechanical engineering association only upon paymentof the required fees and dues.

Section 24. Seal of a Professio nal Mechanical Engin eer.A professionalmechanical engineer shall, upon registration, obtain a seal of such design prescribed bythe Board, bearing the registrant's name, the certificate number and the legend"Professional Mechanical Engineer." Designs, plans, specifications, project feasibility


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studies, appraisals, recommendations, technical reports, proposals, and otherprofessional documents involving mechanical equipment, works, projects or plants shallbe stamped on every sheet with said seal of the registrant when filed with governmentauthorities or when submitted or used professionally: Provided, That it shall besubmitted or used professionally: Provided, that it shall be unlawful for any one to stamp

or seal any document with the said seal after the certificate shall have been revoked orcancelled.

Section 25. Non- issuance of Certi f icate for Certain Gro unds.The Board shall notissue a certificate of registration to any person convicted by court of competent

jurisdiction of any crime involving moral turpitude, or immoral or dishonorable conduct orany person of unsound mind declared by a court of competent jurisdiction, furnishingthe party concerned a written statement containing the reasons for such action, whichstatement shall be incorporated in the records of the Board.

Section 26. Revocat ion and Suspension of Cert i f icate.The Board shall have the

power, upon proper notice and hearing, to suspend or revoke any certificate ofregistration of any registrant for any cause specified in the preceding section, or for theuse in whatever way of any fraud or deceit in obtaining a certificate of registration, or forgross negligence or incompetence or for unprofessional or dishonorable conduct and forviolation of the code of ethics for mechanical engineers and certified plant mechanics:Provided, That the action of the Board shall be subject to appeal to the Commissionwithin fifteen (15) days from notice, whose decision on the matter shall be final.

Section 27. Grounds for Suspens ion and Revocat ion o f Licenses, Cancel lat ion ofTempo rary/Special Permit.The Board shall have the power, upon due notice andhearing, to revoke or suspend the license of mechanical engineers, or to cancel a

temporary/special permit for any cause specified in the preceding sections, including butnot limited to: the use or perpetuation of any fraud or deceit in obtaining a certificate ofregistration, or for competence, negligence, or for abatement of the illegal practice ofmechanical engineering, violation of the provisions of this Act, its implementing Rulesand Regulations and/or violations of Policies of the Board including the Code of Ethicsfor Mechanical Engineering: Provided, however, That such action of the Board shall besubject to appeal without prejudice to the right of the aggrieved party to apply with theproper Regional Trial Court for appropriate relief.

Section 28. Reinstatement and Replacement of the Certi f icates.The Board, uponapplication and for reasons of equity and justice, may reinstate the validity of a revokedcertificate of registration and professional license, upon payment of the required fees, atleast two (2) years after revocation. A new certificate of registration to replace anycertificate lost, destroyed or mutilated may be issued, subject to the rules of the Board,and upon payment of the required fee.

Section 29. Renewal of L icense.The professional license shall serve as evidencethat the licensee can lawfully practice his profession until the expiration of its validity.


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However, renewal of license can only be done upon payment of renewal feecorresponding to three (3) consecutive years.

Section 30. Vested Rights: Autom atic Registrat ion o f Pract ic ing MechanicalEngineers.All practicing Mechanical Engineer who are registered at the time this Act

takes effect, shall automatically be registered.

Section 31. Coverage of Temp orary/Special Permits.The following shall berequired to secure a Temporary/Special Permit from the Board subject to the approvalby the Commission.

(a) Mechanical engineers, installation, commission or guarantee engineers fromother countries called in for consultation or for a specific design or installation,project not requiring more than three (3) months residence in the Philippines in atwelve (12) month period: Provided, That such engineers are legally qualified topractice mechanical engineering in their own country or state in which the

requirements and qualifications for obtaining a certificate of registration are atleast equal to or more than those specified in this Act as certified by the Board;

(b) Foreigners employed as technical officers, training officers or consultants insuch special branches of mechanical engineering who, in the judgment of theBoard, are necessary and advantageous for the country particularly in theaspects of technology transfer, may be issued temporary permits: Provided, Thatsuch engagements have satisfied conditions, as may be deemed necessary asfollows:

(1) Non-availability of a mechanical engineer and/or mechanic in the

country who is competent, able and willing at the time of engagement toperform the service for which the foreigner is desired for;

(2) The foreigner must have been in the prior employ of the engaging firm,or its foreign business partner, outside of the Philippines for a period of notless than one (1) year immediately preceding the date of his engagement;

(3) Any particular or specific engagement shall not be in excess of six (6)months but may be renewed once, if necessary except when suchengagement is for a newly established firm in which case the period ofengagement may be for a longer term but not to exceed a total term of two

(2) years.

Section 32. Indicat ion o f License and Professional Tax Receipt. The MechanicalEngineer shall be required to indicate his Professional License number, the duration ofvalidity, including the professional tax receipt number on the documents he signs, usesor issues in connection with practice of his profession.


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ARTICLE IVPRACTICE OF THE PROFESSION

Sec. 33. Field of Ac t ion Author ized for Each Category: Prohibi t ion.It shall beunlawful for any person, unless authorized under this Act:

(a) to be in responsible charge of the preparation of plans, designs,investigations, valuation, technical reports, specifications, project studies orestimates or to be in performance of other professional mechanical engineeringactivities unless he is a duly licensed Professional Mechanical Engineer.

(b) to teach professional subjects in mechanical engineering course unless he isa duly licensed Professional Mechanical Engineer, or a Master's degree, orDoctorate degree holder in mechanical engineering.

(c) to be in responsible charge of the construction, erection, installation,

alteration, or of the performance of a mechanical engineering service inconnection with the manufacture, sale, supply or distribution of any mechanicalworks, project or plant either for himself or for other, unless he is a dulyregistered Professional Mechanical Engineer or Mechanical Engineer.

(d) to operate, tend or maintain, or be in-charge of the operation, tending, ormaintenance of any mechanical works, projects, plant of 100 kw., or more but notmore than 300 kw unless he is a duly licensed Professional MechanicalEngineer, Mechanical Engineer or Certified Plant Mechanic.

(e) to operate, tend, or maintain, or be in-charge of the operation, tending, or

maintenance of any mechanical equipment, machinery or process for anymechanical works, projects or plants of 300 kilowatts or above but not more than2000 kw unless he is a duly licensed Professional Mechanical Engineer orMechanical Engineer.

(f) to operate, tend or maintain, or to be in charge of the operation, tending ormaintenance of any mechanical equipment, machinery process for anymechanical works, projects or plants of over 2000 kw unless he is a duly licensedProfessional Mechanical Engineer.

Section 34. Person nel Required in Mechanical Plant.Every mechanical work

project or plant in operation shall have not less than the following complement ofresident licensed professional mechanical engineer, mechanical engineer or certifiedplant mechanic:

(a) 100 kw or over but not more than 300 kw: one (1) certified plant mechanic, ormore mechanical engineer or one (1) professional mechanic engineer: Provided,That every mechanical work, project, or plant in this category operating in morethan one shift every twenty-four hours, shall have in addition to the minimum


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personnel herein required, one (1) certified plant mechanical, or one (1)mechanical engineer, or one (1) professional mechanical engineer in-charge ofeach and every additional shift.

(b) 300 kw or over, but not more than 2000 kw: one (1) mechanical engineer or

one (1) professional mechanical engineer or one (1) professional mechanicalengineer: Provided, That every mechanical work, project, or plant in this categoryoperating in more than one shift every twenty-four (24) hours shall have, inaddition to the minimum personnel herein required at least one (1) mechanicalengineer, or one (1) professional mechanical engineer in-charge of each andevery additional shift.

(c) Over 2000 kw: one (1) professional mechanical engineer: Provided, Thatevery mechanical work, project or plant in this category operating in more thanone shift every twenty-four (24) hours shall have, in addition to the minimumpersonnel herein required at least one (1) professional mechanical engineer in-

charge of each and every additional shift.

Section 35. Preparat ion of Plans and Supervis ion o f Construct ion b y LicensedEngineers Required.It shall be unlawful for any person to order or otherwise causethe fabrication, construction, erection, installation or alteration of any mechanicalequipment, machinery or process for any mechanical works, projects, or plants, unlessthe designs, plans, layouts or specifications have been prepared by or under theresponsible charge of, and duly signed and sealed by a Professional MechanicalEngineer.

Likewise, proposals and quotations for the supply and fabrication of mechanical

equipment, works, projects, plants, mechanical pollution abatement systems,mechanical fire protection systems, pressurized pipes with a working pressure of notless than 70 kpa., shall be duly signed and sealed by a Professional MechanicalEngineer.

Section 36. Pract ice Not Al lowed for Firms and Corporat ions.The practice ofmechanical engineering is a professional service, admission to which shall bedetermined upon the basis of an individual's personal qualifications.

No firm, company partnership, association or corporation may be registered or licensedas such for the practice of mechanical engineering: Provided, however, That persons

properly registered and licensed as mechanical engineers may form and obtainregistration with Security and Exchange Commission of a firm, partnership orassociation using the term "Mechanical Engineers", and or "Architect and MechanicalEngineers" but nobody shall be a member, partner or associate unless he is a dulyregistered and licensed mechanical engineer, and the members who are mechanicalengineers shall only render work and services proper for mechanical engineers asdefined in this Act.


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Section 37. Post ing of Certi f icates.The owner, manager, or other person in-chargeof any mechanical works, projects, or plants of one hundred (100) kw or more, of a firm,co-partnership, corporation or joint-stock association, shall post or cause to be posted ina conspicuous place within such plant of business, the original certificate of registrationof the engineer or engineers and of the certified plant mechanic/s employed in such

plant, in a frame protected by transparent glass or its equivalent.

Section 38. Roster of Engineers and Mechanics.A roster showing the names andplace of business of all registered professional mechanical engineers, mechanicalengineers and certified plant mechanics, shall be prepared by the commission whichshall be made available to any interested parties upon formal written request.

Section 39. Foreign Reciproci ty.No foreign mechanical engineer or mechanic shallbe allowed to practice mechanical engineering or be given a certificate of registration orbe entitled to any of the privileges under this Act unless he can prove in the mannerprovided by the rules of Court or by specific provisions of law or regulations, that the

country of which he is a subject or citizen in the spirit of reciprocity, permits Filipinomechanical engineers and/or mechanics to practice within its territorial limits on thesame basis as the subject or citizens of such country or state.

Section 40. Enforcement of the Ac t by the Off icers of the Law.The ProfessionalRegulation Commission shall be the enforcement agency of the Board. As such, theCommission shall implement the concerned provisions of this Act, enforce itsimplementing rules and regulations as adopted by the Board, conduct investigations oncomplaints including violations of the Code of Conduct of the profession and prosecutewhen so warranted.

It shall be the duty of all duly constituted authorities through the officers of the law of thenational government, or any provincial, city, or municipal government or any politicalsubdivision thereof, to enforce the provisions of this act and to prosecute any personviolating the same.

Section 41. Qual i ficat ion Requirements.In a government or private institutionwhere a position requires a master's degree holder, a holder of professional mechanicalengineer license shall be eligible for the position. Likewise, where a position requires aprofessional mechanical engineer's license, a holder of a master's or doctorate degreein mechanical engineering, with a registered mechanical engineer's license shall beconsidered for the position.

ARTICLE VPENAL AND CONCLUDING PROVISIONS

Sec. 42. Penalties.In addition to the administrative sanctions imposed under this Actany person who violates any of the provisions of this Act and its rules and regulationsshall, upon conviction be penalized by a fine of not less than Fifty thousand pesos(P50,000.00) nor more than Two hundred thousand pesos (P200,000.00), or


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imprisonment of not less than six (6) months nor more than three (3) years, or both fineand imprisonment at the discretion of the court.

Section 43. Implement ing Rules and Regulat ions.The Board shall formulate andissue the implementing rules and regulations to carry out the provisions of this Act.

Section 44. Funding Prov is ions.Such sums may be necessary to carry outprovisions of this Act shall be included in the General Appropriations Act of the yearfollowing its enactment into law and thereafter.

Section 45. Separabi l i ty Clause.If any section or portion of this Act shall bedeclared unconstitutional or invalid, the same shall not invalidate all other sections orportions not affected thereby.

Section 46. Repealing Clause.Commonwealth Act No. 294, as amended byRepublic Act No. 5336, is hereby repealed and all other laws, parts of law, orders,

ordinances, or regulations relative to the practice of mechanical engineering which areinconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 47. Transi tory Provis ion s.(a) Mechanical Plant Engineers possessing validcertificates of registration issued under Commonwealth Act No. 294 with BSME degreeshall, after the approval of this Act, register and be issued certificates as professionalmechanical engineers to replace their original certificate of registration upon payment ofthe required fees.

(b)Faculty Members currently teaching mechanical engineering professional subjects inuniversities, colleges, institutes or schools shall not be allowed to continue teaching

after five (5) years from the approval of this Act, unless they are or have becomeProfessional Mechanical Engineers or at least Registered Mechanical Engineers with aMaster's degree in Mechanical Engineering from duly recognized and accrediteduniversities, colleges, institutes or schools.

(c)The present Board shall continue to function in the interim until such time as the newBoard shall be constituted.

Section 48. Effectivi ty Clause.This Act shall take effect fifteen (15) days followingits publication in the Official Gazette or a major daily newspaper of general circulation inthe Philippines, whichever is earlier.

Approved:February 12, 1998

Documents

Mechanical Engineering Act of 1998